Life and Family

Doing Your Job

In the "All the Right Lies" article, (Oct. 2004 Issue): Does example 5a, where the driver was on duty for 2 hours, drives for 5 hours, goes off duty for three, then drives for an additional 5 hours, not put him in violation of the 14 hour rule by 2 hours?

Ah yes, similar, but not identical. The difference between the two is the split sleeper provision.

In example 5a, the driver has used two sleeper periods (three hours and seven hours), whereas in example 6, the driver has taken only one sleeper period. From the DOT's perspective, this driver is working under the 14-hour rule. The driver in 5a is working under the split sleeper provision.

It's a subtle difference, but one that could cost you a ton of dough.

Jim Park

We use a satellite communications system, and I would like to know if DOT auditors are using these records to check logbooks.

The DOT can and frequently does use the data from satellite communications systems to establish time markers from which they make comparisons to the driversí logged time. But thatís not to say it happens all the time.

This is a really sensitive issue for carriers as they maintain the data is thereís and thereís alone, and not to be shared with anyone. The DOT has tried to say differently, but so far, the DOT hasnít launched a court challenge to the accepted practice of allowing the carrier to keep the data private.

That data could be subpoenaed at any time, and in the event of a civil litigation arising from an accident, the plaintiffís lawyers frequently do use court orders to gain access to the satellite records. The DOT could also use the same approach with a particularly blatant case of logbook fraud.

For the most part, the records are safe from prying eyes, but itís certainly not entirely out of reach.

Jim Park

My partner and I have been driving team for a company for three months and we have yet to be paid. And, weíve been told we have to Interstate as well. What can we do to get our pay?

You say you've been waiting three months for a pay cheque? I'd say you've waited about two and a half months too long. As an employee, you have a right to expect to be paid on time, as per whatever arrangements were made when you were hired. I'd be to the Labor Board complaining long and loud, and don't worry about hurting any feelings. That's not a job you should be going back to anyway.

As for the Interstating complaint, unless you want to go to the U.S. Immigration and Naturalization Service (INS) with the problem, I doubt anyone here in Canada will listen. You haven't broken any Canadian rules. Beware, however, that complaining to INS could result in charges being laid against you as well. By doing what you were told to do, you're as guilty as the carrier in the eyes of the INS.

Jim Park

Some people think itís legal to interstate, others say it isnít. Recently, I was told U.S. Customs says itís legal, while the Immigration and Naturalization Service (INS) says it isnít. Who is in charge here? - 03-Nov-03
Isn't it rather foolish for drivers to work in teams so that carriers can nearly double their productivity, yet SPLIT the pay? Why shouldnít both drivers get paid, since the companies are getting the extra cash from the extra freight hauled? - 03-Jun-03
I am 51, and have my az but no real practical driving experience. Any pionters? Thank you. - 10-May-03
When you consider the impact that the trucking industry has on the country, why can't trucking companies organize themselves to improve the industry and quality of life for it's drivers. Why can't they get together? - 05-Apr-03
Are there any laws governing how a company treats one owner-operator compared to another, i.e. one being fed more and better work than all the others? - 21-Feb-03
Do you know where I can find info on costs for Canadian fleets? - 28-Jan-03
What Trucking firms pay in US $ for Canadian owner-operators or drivers? - 25-Nov-02
Is it possible for foreign drivers to get work with Canadian or American trucking companies? - 16-Sep-02
Is it possible for an insullin-dependent diabetic to get a waiver permitting him to run international freight, even if he is on two needles a day? - 04-Apr-02
What is an I-94 Border Pass? - 04-Mar-02
What procedure would enable an individual with a criminal record to be acceptable by potential employers for border crossing, Pardon or waiver? - 20-Jan-02
I have a 1986 tractor, itís in good shape and itís certified, yet many carrier wonít even talk to me. Why does it matter how old your truck is? - 04-Jan-02
I was working on a broker's truck, had a minnor accient. The broker still wants me driving this truck, but the company says "no". Where should I go or what should I do? - 12-Dec-01
Is there such a thing as a standard carrier-owner-operator contract? - 31-Oct-01
I'm am 45 years old, Heavy Duty Mechanic I've also got my Class 1 license and would like to be an o/o. Can you please help me with any info that might make my dream of driving my own rig, and being on the road a possibility. - 07-Oct-01
Where is a good place to post your resume on the web? Where is a good place to post your resume and to look for driving positions on the web? - 02-Sep-01
I'm an American who has a CDL and I would like to know about career opportunities in Canada. - 17-Mar-01
I should graduate with my AZ licence on March 30/01. What are some good ways to evaluate prospective employers? I'm new to this industry and don't really know the best questions to ask. - 04-Mar-01
Can a company fire you for having a preventable accident? - 22-Feb-01
What is non slip-seating? - 30-Nov-00
Do you think that automated transmissions will be a good thing for the future? What about computer problems? - 25-Nov-00
I heard rumors of companies switching to automatic transmissions. Is this true? - 21-Nov-00
We haven't been o/o for a long time and weíd like to know more about the owner-operator associations that have started up recently. - 16-Nov-00
I'm 37, and I'm thinking of becoming a truck driver. How do I get started. - 02-Oct-00
Can a company fire you if you refuse a load cause you don't feel safe going there? - 02-Oct-00
If I refuse a run, but later accept it, can the company force me into a voluntary quit because they don't want to fire me? - 28-Jun-00
Why won't trucking companies stick together and get the rates up so they can pass them onto the ownerso/operators and divers ? - 29-May-00
Is there a study showing how many owner/drivers are necessary to satisfy the industry's needs in Canada? - 27-Mar-00
Is it hard to drive a tractor trailer? tractor trailer. mbessing@ds2.virtualscape.com wrote: Hello, my name is Pete, and I'm thinking about going to school for CDL class A. Is it that hard to drive a tractor trailer. - 20-Mar-00
I've got a question about the driver shortage and a company's responsability. Why is it so hard for a green horn trucker to get in with a good company? - 26-Feb-00
Why do carriers require me to pay them a holdback just so I can work for them? - 17-Dec-99
What is an AZ (or A-Z) driver? - 07-Nov-99
What are some of the costs incurred by owner operators when switching companies? - 19-Oct-99